Eviction notice rules in Florida
Nonpayment notice
3-day notice to pay rent or vacate, EXCLUDING Saturdays, Sundays, and court-observed legal holidays (Fla. Stat. § 83.56(3)). Demand may only list rent owed (no late fees unless lease defines them as additional rent).
Lease-violation notice
7-day notice to cure for curable noncompliance (Fla. Stat. § 83.56(2)(a)). If the same or similar violation is repeated within 12 months, landlord may terminate without giving another chance to cure.
Unconditional quit (no second chance)
7-day unconditional notice to vacate for non-curable violations — e.g., intentional property destruction or continued unreasonable disturbance (Fla. Stat. § 83.56(2)(b) framework). No cure right.
No-cause / end-of-tenancy notice
Month-to-month: at least 15 days' written notice before the end of any monthly period; week-to-week: 7 days' notice (Fla. Stat. § 83.57). No reason required.
How the notice must be served
Notice delivered by mail or in hand; if the tenant is absent, by leaving a copy at the residence (Fla. Stat. § 83.56(4)). Notice must follow the statute's prescribed wording 'in substantially' the statutory form; a materially defective notice is a defense in court, and courts require strict compliance — a bad notice means the landlord must start over.
Your right to fix it (cure)
Curable lease violations can be fixed within the 7 days and the tenancy survives; rent paid within the 3-day window defeats the nonpayment case. Cure right is lost if the same/similar violation is repeated within 12 months.
How days are counted
3-day notice EXCLUDES Saturdays, Sundays, and court-observed legal holidays; day of service is not counted. The 7-day noncompliance notices count calendar days (the statute gives no weekend/holiday exclusion for those). If the 3-day notice is mailed rather than hand-delivered/posted, extra mailing time applies — unverified exact add-on, needs attorney review.
After the notice expires
Landlord must file eviction lawsuit; tenant need not leave until court order
Court timeline
Eviction complaint filed in County Court; tenant served with summons and has 5 business days to answer; in nonpayment cases the tenant must deposit the alleged rent into the court registry within that period or waive all defenses except payment (Fla. Stat. § 83.60(2)). Default judgment if no answer. After Final Judgment, clerk issues Writ of Possession; sheriff posts 24-hour notice, then removes the tenant. Uncontested cases can conclude in ~2-4 weeks.
Retaliation & defenses
Retaliatory eviction prohibited — landlord may not raise rent, cut services, or file for possession in retaliation for code complaints, tenant organizing, or repair requests; may be raised as a defense in any possession action (Fla. Stat. §§ 83.64, 83.60(1)). Federal Fair Housing Act discrimination defense. Defective 3-day notice is a defense.
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